At PogoStick Web Services we work hard to keep our clients happy and make sure they are getting what they want. All we ask in return is that our valued clients are reasonable in what they request and keep in mind our services and products are intentionally a lot cheaper than other providers because we cater to budget conscious businesses.

If you’re not sure about anything, please feel free to clarify with us first. We are happy to answer any questions you might have.

Payment

In most cases, projects are divided into two payments – the initial deposit ($100) up front and the remaining balance due once the project has been completed. In some cases, such as extended projects, we may require progress payments.

Payments can be made by internet banking or online (using our secure PayPal credit card payment service – extra fees apply).

Non-payment of an invoice in full may result in forfeiting the website and related services. We also reserve the right to charge late payment fees and the account may be turned over to our debt collection agency.

Any hour credits owing as part of a registered Website Maintenance Package will be deducted from your invoice automatically before calculating any labour charges.

Project Delay

If your situation changes and you need to put your project on hold, we will lock in your quoted price for a period of 30 days from your estimated start date. After 30 days, it may be necessary to reassess your project if rates have changed. If you decide not to proceed, all deposits are forfeited. Any graphics, layouts or mock-ups will remain the property of PogoStick Web Services and may be resold or redistributed as necessary.

Projects that are deemed ‘abandoned’ (e.g. no contact is received within a period of 30 days) will be canceled and any monies paid forfeited.

Refunds

All payments are non-refundable upon receipt. In exceptional cases we may waive this.

Revisions

When building a website you are free to request changes and we are happy to comply on the following conditions:

  • Multiple minor revisions: You are welcome to make as many minor change requests during the design phase (within reason). Minor revisions are things such as changing a font, heading, or colour.
  • Major revisions: Major revisions are changes that require a significant amount of time to complete and may include such things as requesting a different layout, background or theme design than the one initially presented to you. We allow one major revision as part of your package – revisions beyond this are chargeable time.
  • Future changes: Once the site has been completed, future changes (whether minor or major) are chargeable time. Contact us for a quote.
  • Third-party designer: We are happy to work with any 3rd-party designer you have contracted to design elements of your website however work done to a designer’s specifications is chargeable time. Please advise if you have specific budget constraints or require up-to-date billing details during the course of the project.

Communication

Communication about your website is to be primarily conducted by email. This provides both parties with a clear record of what has been discussed. If you need to talk to us, we offer limited phone contact (our number is on our contact page). We may not be available to take your call if we are currently with another client; another reason we recommend email.

We can also arrange Skype calling or Google Hangout at a time suitable for both parties.

Site Visits

As a general rule our pricing does not allow us to make site visits (including planning meetings prior to contracting our services) but we can arrange this for a fee, including travel costs. Contact us if you require a site visit and we will advise you of the charges and arrange a suitable time.

Domain Registration

In some cases we may register a domain on behalf of a client. While we may be listed as the owner (with the registrar) we acknowledge that true ownership rests with the client who has paid for the domain. If a client wants their details to be listed instead we are happy to effect this change (this may incur additional costs).

Domain Renewals

In cases where we manage the renewal of domains, we will provide you with an email reminder in the month that it is due, using the email address supplied. We are not responsible for domain names that are lost due to these reminders being ignored, or any fees involved in the redemption process if this is requested. We require payment at least seven working days prior to renewing the domain.

Copyrights and Trademarks

Obtaining copyrights and permission for any photos or design elements provided by the client are the responsibility of the client. We are in no way liable or responsible for those graphics or photos.

When providing artwork, graphics, or photos for use on your site, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given you permission to use their work on your site. This will apply to artwork we choose for you as well.

Authorisation

As the client, you are authorising us to install any scripts, software or programs relevant to the web design project and to access your account via either your hosting service panel or external FTP. You shall agree to provide us with the login information and passwords necessary to access your website.

Credits & Usage

All graphics, illustrations, and layouts are intended to be kept whole as given to you. Work done by us may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary designs to include graphics, layouts, etc., which are not selected by the client remain the full property of us and may be used in future projects for other clients.

We retain all rights to display artwork in portfolios and advertising materials. Email testimonials from clients may be posted on our website.

All website and blog designs require a text link or a graphic link back to PogoStick Web Services unless other arrangements have been made. The link will remain in place until such time as that website design is no longer published on the internet.

Project Ownership

Ownership of final artwork designed by us will be transferred to the client upon final payment, unless otherwise specified by us. This does not include code or software. Copyright on all software and code remains the property of PogoStick Web Services or its otherwise respective owner.

Domains registered on behalf of clients are the property of the respective client. Transfers or change of details are available on request with any associated costs billed to the client.

Cross-Browser Compatibility

Our designs meet the standards that comply with the latest browser versions and we are not responsible for inconsistencies that may appear when older browser versions are used.

Any web site we create will be viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.

Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.

Technical Support

As part of our business we supply hosting services. This includes email services. We provide access details for a web-based email interface, and the credentials for setting up an IMAP connection with an offline email client (e.g. Outlook). While we offer much helpful information on our blog regarding setting up your email our pricing does not permit us to offer customised or personal technical support for third-party software or issues with your internet browser settings. If you require additional assistance we recommend contacting your local technical support provider.

This also applies to the Content Management System (CMS) provided with your website. If you require help, please contact your local IT training provider for customised assistance.

Liability

Any service purchased from PogoStick Web Services is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will we be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

Email Campaigns

By requesting our assistance with an email campaign you undertake that any email address lists provided have been collected in accordance with current spam laws.

Hours of Operation

Our hours of operation are variable and we reserve the right to change them as required. We work to project deadlines so if timing is critical then please discuss your requirements so we can agree on a mutually acceptable deadline that we will work to. Deadlines are not part of the contract (as there are too many factors beyond our control, including customer delays) but we will do our best to meet or exceed them.

Urgent projects, or work required outside of normal working hours, may incur additional charges.

These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.

Project Consideration

We reserve the right to refuse to design for any site with adult content or any other content we deem objectionable. We will not accept projects that we find morally questionable, unethical, or distasteful.

Acceptance

Please note that by submitting your payment for our services you are agreeing to all of our terms of service as written here. We reserve the right to change or update these terms at any time without prior notice.

Please contact us if you have any questions or comments regarding this policy.